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Squaring Off: The Right of Publicity v. The First Amendment

Recently, two incidents involving one of the world's most famous couples, President Barack Obama and First Lady Michelle Obama, once again brought the focus onto right of publicity issues, as well as potential First Amendment defenses to right of publicity claims.

28 minute read February 24, 2010 at 01:20 PM
By
William Sloan Coats and Jennifer P. Gossain
Squaring Off: The Right of Publicity v. The First Amendment

Broadly defined, the right of publicity is a person's right to control the commercial use of his or her identity. It has been over half a century since the term “right of publicity” was first coined by Judge Jerome Frank in 1953.

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